Ana Rita Gil and Nuno Piçarra
(art. II). This was the only case in which ius sanguinis independently and automatically
determined the acquisition of citizenship at birth. Apart from this case, ius sanguinis was only
relevant for acquiring citizenship at birth by declaration, which was a non-automatic way to
acquire citizenship. Children born abroad to a Portuguese parent not in the service of the
Portuguese state could only acquire Portuguese citizenship if they a) declared that they wished
to be Portuguese, b) registered in the Portuguese Register of Births, and c) voluntarily took up
residence in Portuguese territory and made this official with a declaration of residence at the
Central Registry Office (arts. IV and V of the 1959 Act). However, even if they met these
requirements, the government had the right to oppose and thus prevent Portuguese citizenship
from being granted (a new feature of the 1959 Act). Obtaining Portuguese citizenship in these
cases was therefore no longer considered to be an absolute right.19
A foreign woman who married a Portuguese man would acquire her husband’s
Portuguese citizenship ex lege, unless she declared that she did not want to be Portuguese and
could prove that her own country’s legislation would not strip her of her original citizenship
(art. X of the 1959 Act).
As to discretionary naturalisation, the 1959 Act contained the same arrangements as the
1867 Civil Code, as amended by the 1910 Decree, although it made it subject to more
conditions, such as decent moral and social behaviour and knowledge of the Portuguese
language. In addition, it continued to be a discretionary act of the government.20 In order to
make naturalisation easier for those foreigners with a true link to the Portuguese community,
art. XIII waived the residency and language requirements for the descendants of Portuguese
citizens. These requirements could also be waived by the government for foreign citizens who
married Portuguese women, or those who had performed or been called on to perform notable
service for the Portuguese state. Finally, art. XVII gave the government extraordinary powers
to grant naturalisation, with no further requirements, to those foreigners who came from
communities with Portuguese ancestors and who wished to become part of the Portuguese
community.21
Art. XVIII (a) and (c) of the 1959 Act provided five grounds for the loss of Portuguese
citizenship. Only the first three led to an automatic loss of citizenship without the need for the
person concerned to declare his or her intent, while the last two were tantamount to renunciation
which required an expression of intent from the person concerned.
1. Portuguese citizenship was lost when a Portuguese citizen voluntarily acquired foreign
citizenship. The aim was to avoid dual citizenship. Acquiring foreign citizenship
through naturalisation imposed by the state of residence did not lead to the automatic
loss of Portuguese citizenship, but could lead to it on the basis of a government decision
(art. XIX).
2. Accepting public office or performing military service in a foreign state could also lead
to losing Portuguese citizenship (ex lege), if the Portuguese citizen did not hold the
19
The government’s right of opposition (which did not exist in earlier legislation) did not apply to ius soli
acquisition, which was ex lege and automatic.
20
Thus, through a decree from the Portuguese Minister for Home Affairs, the government could grant nationality
through naturalisation to foreign applicants who met all the following requirements, set out in art. XII: 1) being
of age; 2) being able to make a living; 3) having a record of decent moral and social behaviour; 4) having
complied with the laws on military recruitment in their country of origin; 5) having an adequate knowledge of
the Portuguese language; 6) having lived on Portuguese soil for at least three years.
21
The foreign citizens who were to benefit mainly from this arrangement were those from countries like Brazil,
which was historically linked to Portugal as a former colony.
6
RSCAS/GLOBALCIT-CR 2020/1- © 2020 Author
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